Cape Town — Minister of Justice, Ronald Lamola, believes that now is the time for South Africa to re-assess the legal frameworks inherited from Apartheid, and move to a legal system in sync with democratic dispensation.
Lamola addressed delegates on Tuesday and said it was no longer possible for South Africa to prevent crime without properly preventing it and he feels the time has come to reimagine what South Africa has inherited during the transition to democracy , IOL reported.
“The bedrock of our criminal justice system is the Criminal Procedure Act (CPA) of 1977. Despite many amendments through the years, it remains largely untransformed from an apartheid-era instrument, to one that best meets the fundamental principles of our new democracy,” he said.
As we approach the 30th anniversary of our democracy, it is an opportune time for us, as a diverse nation, to reflect on our criminal justice system in light of the fundamental rights and freedoms enshrined in our Constitution.
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— Minister of Justice and Correctional Services 🇿🇦 (@RonaldLamola) February 27, 2024
Lamola said the rebuild of the CPA would include a justice system that is victim-centric that seeks to rehabilitate a criminal offenders, rather than cut-off avenues, through a restorative justice approach.
“Much research and investigation has already taken place and we will be hearing about the work done over the next few days as we explore concepts such as alternative dispute resolution in criminal matters; the use of lethal force in effecting arrests, the bail provisions and pre-trial procedures; and, processes to ensure the right to a fair and speedy trial is upheld,” he said.
He hopes that the discussions and debates will culminate in concrete recommendations that will take the nation forward in achieving the criminal justice system that achieves safety and security for all.
According to BNN News, Deputy President, Paul Mashatile, echoed Lamola’s views, and said the country needs a justice system that can effectively address issues such as corruption, criminality, and gender-based violence (GBV).
An overhaul of the system is widely supported but it would present significant challenges, including legislative hurdles and the need for widespread training among legal professionals.
Aligning the CPA with modern realities, South Africa can enhance its criminal justice system, making it more efficient, transparent, and fair. The emphasis on technology and contemporary societal norms could set a precedent for other nations to follow.
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Compiled by Matthew Petersen
